Quality and Legal Issues Associated with Unconventional Drilling

Oral Presentation

Prepared by D. Gratson1, R. Vitale2
1 - Environmental Standards, Inc., 11200 Richmond Avenue, Houston, Texas, 77082
2 - Environmental Standards, Inc., 1140 Valley Forge Road, Valley Forge, Pennsylvania, 19482


Contact Information: dgratson@envstd.com; 281-752-9782


ABSTRACT

Unconventional gas energy and production activity have greatly increased the demand for high quality, defensible analytical measurements of domestic wells and drinking water sources. The presumptive liability, which may be associated with changes in water chemistry after drilling, is of particular concern to both water users and energy companies. A number of states and organizations have developed guidance documents that include required analytes and analytical methods that are to be used prior to and after drilling has been performed. Measurement of these analytes has inherent uncertainty from both laboratory and site-specific sources. It can be quite a challenge to evaluate whether an impact has occurred when only a single data point is typically available prior to drilling, yet many samples may be collected post drilling if an impact from the drilling is suspected. Specifically, what are the legal implications if a few analytes show increase concentration post drilling?

This presentation will explore the laboratory and site-specific data quality challenges and describes how these can impact the legal questions. Additionally, the presentation will discuss how multiple lines of evidence, including the laboratory measurements, site specific geochemistry, and published literature can be effectively used in data evaluation. The presentation will also highlight how the overall documented quality aspects incorporated into the project’s sampling, laboratory analysis, and data analysis plan should be guided by the very real litigation potential associated with these gas energy and production activities.